M/S. SFO TECHNOLOGIES PRIVATE LIMITED vs. ASSISTANT COMMISSIONER INCOME TAX
What did the High Court hold?
The High Court of Kerala disposed of the writ petition with a direction. The Court noted that the appeal was pending before the Commissioner of Income Tax (Appeals) and that the assessee had filed an application under Section 220(6) before the Assistant Commissioner. The Standing Counsel for the revenue informed the Court that the Assistant Commissioner would consider the Section 220(6) application expeditiously. The Court explicitly stated that before the Assistant Commissioner considers the application, he will defer all coercive steps. The operative direction was that the writ petition stands disposed of with this understanding.
What were the facts?
The petitioner, M/s. SFO Technologies Private Limited, an assessee, had its assessment completed for the assessment year 2014-15. The assessee claims to have filed a statutory appeal and an application under Section 220(6) of the Income Tax Act. The petitioner apprehended coercive steps for recovery of tax dues before its appeal could be taken up. The respondent is the Assistant Commissioner of Income Tax, Corporate Circle 2(1), Kochi, and the Commissioner of Income Tax (Appeals)-II, Kochi.
What were the issues?
1. Whether the Assistant Commissioner should defer coercive steps for recovery of tax dues pending the disposal of the assessee's application under Section 220(6) and the statutory appeal. Assessee's Contention: The assessee sought to prevent coercive recovery proceedings before its statutory appeal and application under Section 220(6) were considered. The assessee relied on the principle that coercive steps should be deferred during the pendency of such applications and appeals. Revenue's Contention: The Standing Counsel informed the Court that the appeal was pending before the second respondent (Commissioner of Income Tax (Appeals)). The counsel stated that the Assistant Commissioner would consider the petitioner's application under Section 220(6) expeditiously.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT The petitioner, an assessee had its assessment completed for 201-15. Later the petitioner claims to have filed a statutory appeal, besides an application under Section 220(6) of the Income Tax Act. Now it apprehends that before the appeal could be take up, the Assistant Commissioner will initiate coercive steps to recover the tax dues.
In response to the submissions made by the petitioner's counsel, the learned Standing Counsel informs the Court that as the appeal is pending before the second respondent, the petitioner seems to have filed an application under Section 220(6) before the Assistant Commissioner. According to him, that authority will consider the petitioner's Ext.P3 application, expeditiously. So be it.
Needless to observe that, before the Assistant Commissioner will considers the petitioner's Ext.P3 application,
-3- W.P.(C). No. 41112 of 2018 he will defer all coercive steps. Accordingly, the writ petition stands disposed of. DAMA SESHADRI NAIDU JUDGE das
Appendix — schedule of exhibits
More judgments on Section 220(6)
- Ramji Vaish, Allahabad vs ACIT, AllahabadITA 371/ALLD/2018[2011-12]Status: Disposed9 Jun 2026AY 2011-12
- Vijay Stone Product, Sonebhadra vs Asstt. Commissioner of Income Tax, Central…ITA 4/ALLD/2019[2011-12]Status: Disposed10 Mar 2026AY 2011-12
- Susi Charitable Trust, Khurda vs The Commissioner of Income Tax(Exemption)…ITA 582/CTK/2025[2026-27]Status: Disposed4 Dec 2025AY 2026-27
- Jayant Security and Finance Ltd, Indore vs ACIT Central-2, BhopalITA 91/IND/2025[2017-18]Status: Disposed7 Jul 2025AY 2017-18
- Jayant Security and Finance Ltd, Indore vs ACIT Central-2, BhopalITA 90/IND/2025[2016-17]Status: Disposed7 Jul 2025AY 2016-17
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